The Preferential Trade Area (Implementation) Act

This Act may be cited as the Preferential Trade Area (Implementation) Act and applies to Mainland Tanzania and Tanzania Zanzibar.

Jurisdiction: Tanzania
Instrument: Act or statute
Citation: The Preferential Trade Area (Implementation) Act
Version: Undated source snapshot
Language: en
Official source: View official record ↗

agricultural development budgeting common external tariff customs duties government notices industrial development institutional definitions law reform litigation loans non-tariff barriers property publication duties securities territorial application trade transport and communications cooperation treaty incorporation

Statute overview

About this statute

This Act may be cited as the Preferential Trade Area (Implementation) Act and applies to Mainland Tanzania and Tanzania Zanzibar. This section defines key terms used in the Act, including “Authority,” “Budget,” “Preferential Trade Area,” and “the Treaty.” The Preferential Trade Area has corporate capacity in the United Republic and may own and manage property, sue and be sued, and perform Treaty functions. The Treaty provisions listed in the Schedule to this Act have the force of law in the United Republic. The Attorney General must publish and lay before Parliament a notice when the Treaty is amended, and the President must make arrangements to update written laws to match the amended Treaty.

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Provisions of The Preferential Trade Area (Implementation) Act

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1
Short title and application
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This Act may be cited as the Preferential Trade Area (Implementation) Act and applies to Mainland Tanzania and Tanzania Zanzibar.

1. This Act may be cited as the Preferential Trade Area (Implementation) Act and applies to Mainland Tanzania as well as Tanzania Zanzibar. 132 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PREFERENTIAL TRADE AREA (IMPLEMENTATION) ACT [CAP. 250 R.E. 2023] Interpretation
2
3. Preferential Trade Area to have capacity of body corporate
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This section defines key terms used in the Act, including “Authority,” “Budget,” “Preferential Trade Area,” and “the Treaty.”

2. In this Act, unless the context requires otherwise- “Authority” means the Authority of the Preferential Trade Area established by Article 6; “Budget” means the Budget of the Preferential Trade Area Preferential Trade Area to have capacity of body corporate referred to in Article 36; “Preferential Trade Area” means the Preferential Trade Area for Eastern and Southern African States established by Article 2 of the Treaty; “the Treaty” means the Treaty for the establishment of the Preferential Trade Area for Eastern and Southern African States.
3
Preferential Trade Area to have capacity of body corporate
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The Preferential Trade Area has corporate capacity in the United Republic and may own and manage property, sue and be sued, and perform Treaty functions.

3.–(1) The Preferential Trade Area shall, within the United Republic, have the capacity of a body corporate with perpetual succession and shall have power to acquire, hold, manage and dispose of property, and to sue and be sued in its own name. (2) The Preferential Trade Area shall have power to perform any of the functions conferred upon it by the Treaty and to do all things that in the opinion of the Authority are necessary or desirable for the performance of those functions. (3) The provisions of subsection (2) relate only to the capacity of the Preferential Trade Area as a body corporate and nothing in that subsection shall be construed as authorising the disregard by the Preferential Trade Area of any law, or as affecting any power of the Preferential Trade Area conferred by any law. Provisions of Treaty to have force of law Modification, adaptation and qualification of laws
4
Provisions of Treaty to have force of law
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The Treaty provisions listed in the Schedule to this Act have the force of law in the United Republic.

4. The provisions of the Treaty set out in the Schedule to this Act shall have the force of law in the United Republic.
5
Modification, adaptation and qualification of laws
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The Attorney General must publish and lay before Parliament a notice when the Treaty is amended, and the President must make arrangements to update written laws to match the amended Treaty.

5.–(1) The provisions amending or repealing and replacing the Treaty shall have the force of law in the United Republic. (2) Where the Treaty is amended or modified, the Attorney General shall cause a notice of amendment or modification and the date when the amendment or modification comes or is deemed to have come into operation to be published in the 133 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PREFERENTIAL TRADE AREA (IMPLEMENTATION) ACT [CAP. 250 R.E. 2023] Gazette and a copy of the notice to be laid before the National Assembly without delay. (3) As soon as possible after the coming into operation of this Act, the President shall make appropriate arrangements as may appear to him to be necessary or expedient for enabling amendments to be made to any written law in order to bring that law in conformity with the provisions of the Treaty as amended or modified. Cap. 1 (4) The Interpretation of Laws Act shall not apply to the interpretation of the provisions of the Treaty. Financial provisions
6
Financial provisions
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The Government’s Treaty-related payments must be paid from the Consolidated Fund, and the finance minister may arrange funding or borrow by issuing securities.

6.–(1) There shall be charged and paid out of the Consolidated Fund without further appropriation all payments required to be made by the Government to the Budget under the terms of the Treaty. (2) For the purpose of providing any sums required for making payments under this section, the Minister responsible for finance may, on behalf of the Government, make such arrangements as are necessary, or raise loans by the creation and issue of securities bearing such rates of interest and subject to such conditions as to repayment, redemption or otherwise as he thinks fit, and the principal and interest of those securities and the charges and expenses incurred in connection with their issue shall be charged on and issued out of the Consolidated Fund. (3) Money received by the Government under the Treaty or raised under subsection (2), shall be paid into and form part of the Consolidated Fund and shall be available in any manner in which the Consolidated Fund is available. Powers of Authority
7
Powers of Authority
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The Authority may make decisions about reducing trade barriers, setting a common external tariff, and coordinating specified areas of cooperation.

7. Notwithstanding the provisions of this Act, the Authority shall have power to make decisions with respect to- (a) the gradual reduction and eventual elimination of customs duties and non-tariff barriers to trade conducted among member states, and the evolution of a common external tariff in respect of goods imported 134 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PREFERENTIAL TRADE AREA (IMPLEMENTATION) ACT [CAP. 250 R.E. 2023] from countries with a view to the eventual establishment of a common market among member states; (b) co-operation in particular fields relating to transport and communications, industrial development, agricultural development, trade documents and procedures, standardisation and quality control of goods; (c) co-operation in other fields taken in common to further the aim of the Preferential Trade Area and the implementation of the provisions of the Treaty. Tribunal
8
Tribunal
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A Tribunal procedure for settling disputes under Article 40 has the force of law in the United Republic, for witness summoning and Tribunal proceedings.

8. Procedure for the settlement of disputes made under Article 40 of the Treaty by the Tribunal established by Article 10 of the Treaty shall, in relation to summoning of witnesses and the conduct of the proceedings of the Tribunal have the force of law in the United Republic. SCHEDULE [Omitted: Treaty for the Establishment of the Preferential Trade Area for Eastern and Southern African States.] 135 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.

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The Preferential Trade Area (Implementation) Act

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